There are now eight suspects facing charges stemming from an undercover investigation that culminated with Smithfield police seizing nearly $40,000 worth of suspected marijuana from four vape stores.

Police charged two store owners with felonies earlier this month after previously arresting four store employees in February.

Police arrested 34-year-old Amin Zandani of Suffolk, the owner of the now-shuttered Tobacco & Vape store at 13404 Benns Church Blvd. in the Cypress Run Plaza shopping center, on March 12 on a felony charge of conspiracy to distribute more than an ounce of marijuana.

Police also arrested 28-year-old Ali Alkotaini of Carrollton, the owner of the now-shuttered Planet Tobacco & Mart in the former 7-Eleven on South Church Street, on March 6 on the same charge.

Police are still searching for Wail Almaleki, who police say managed the now-shuttered Discount Vape & Tobacco store at 1264 Benns Church Blvd. in the Smithfield Shopping Plaza anchored by Kroger. Almaleki faces the same felony conspiracy charge.

Helal Zokari, who police say managed Planet Tobacco, also faces a felony conspiracy charge and remains at large. The six others  have been granted bond, except for Alkotaini, whose case file as of March 21 listed his status as still in custody.

Police previously arrested Planet Tobacco clerk Abdulla Yahya, 24, of Carrollton; Discount Vape & Tobacco clerk Kelsey Ewell, 35, of Windsor; Aiman Alghazali, a clerk at the Cypress Run Tobacco & Vape; and Oumar Hammety, 26, of Newport News, a clerk at the now-shuttered Tobacco & Vape store in the Smithfield Square shopping center anchored by Food Lion on South Church Street.

All four stores remain closed with pink “zoning violation, no sales permitted” signs affixed to their doors. Identically worded letters from the town dated Feb. 21 addressed to each store state it “has been reported by the Smithfield Police Department that illegal activity is occurring at this location, which is not permitted in the Zoning District of Highway Retail Commercial,” and mandates they “cease and desist all retail sales” as of Feb. 10.

Town staff have revoked each establishment’s business license, meaning they’ll have to appeal within 30 days of Feb. 21 to the town Board of Zoning Appeals or go through a new permitting process for “recreational substance establishments” to reopen.

Retail sale of marijuana remains illegal in Virginia despite a 2021 change in state law that decriminalized possession of up to an ounce and the growing of up to four marijuana plants in homes for personal use. Though legislation that would create a legal marijuana market has passed the General Assembly and is awaiting Gov. Glenn Youngkin’s signature or veto, it remains a felony to sell more than an ounce and a misdemeanor to sell less than an ounce.

 

Ali Alkotaini

The criminal complaint against Alkotaini alleges “loose leaf marijuana and pre-rolled marijuana cigarettes were collected” at Planet Tobacco. Police said they’d found 11.2 ounces of marijuana at Planet Tobacco on Feb. 10 when they charged Yahya with one felony count and one misdemeanor count of possession with intent to distribute.

Court records list June 5 as the date of Alkotaini’s next court appearance. He faces one to 10 years in prison on the conspiracy charge, a Class 5 felony, or at the discretion of the jury or judge, up to 12 months in jail and/or a fine of $2,500, if convicted.

 

Abdulla Yahya

Since November Smithfield Police have “conducted several undercover operations” at Planet Tobacco, according to court filings. On Feb. 5, an undercover officer allegedly purchased 2 grams, or 0.07 ounces, of suspected marijuana from Yahya for $20 cash, which Yahya allegedly placed into the store’s point-of-sale system. The filings say “more than an ounce of leafy marijuana” and “multiple other marijuana products on display for sale” were found at Planet Tobacco during the Feb. 10 raid.

His next court appearance is scheduled for June 5.

 

Wail Almaleki

“Based upon business documents, sales receipts, payroll information, inventory purchase records and statements made by the clerk within the store, it was determined” that Alkotaini and Almaleki “were solely responsible for purchasing the marijuana to be sold, as well as creating business policies and procedures for employees to follow in reference to the sale of marijuana,” the complaint against Alkotaini alleges. The filing states Alkotaini “did not specifically sell marijuana himself” but alleges Almaleki “did sell marijuana” to an undercover officer prior to the Feb. 10 raid that shuttered the four stores.

 

Amin Zandani

The complaint against Zandani alleges police found “over 1,000 grams,” or more than 2 pounds, of loose-leaf marijuana and pre-rolled marijuana cigarettes at the Cypress Run Plaza Tobacco & Vape store and alleges Zandani “was solely responsible” for purchasing it for resale. Police said in February when they arrested Alghazali that they’d seized 6.2 pounds of marijuana from the store.

His next court appearance is scheduled for July 10.

 

Helal Zokari

Court records on Zokari related to the conspiracy charge were unavailable as of the morning of March 21. A court record for a prior traffic infraction lists an address in Hamtramck, Michigan, for him.

 

Oumar Hammety

According to court filings, Hammety allegedly sold 2 grams, or 0.07 ounces, of suspected marijuana on Feb. 5 to the undercover officer. Court filings allege Hammety “went in the back of the store for a moment, then brought back the suspected marijuana in a bag” and, when offered $20 in cash, “took the cash and opened the POS (point-of-sale) system.”

Hammety was the sole employee on duty when police raided the store on Feb. 10 and arrested him. During that raid, police allegedly found “more than an ounce of leafy marijuana and multiple other marijuana products on display,” as well as scales and packaging materials. The filings say police used a field test kit on the seized material, which tested positive for marijuana.

Police said they found 3½ pounds of marijuana at that store.

Hammety is charged with one felony count and one misdemeanor count of possession with intent to distribute.

Hammety faces one to 10 years in prison, or up to 12 months and/or a $2,500 fine at the discretion of the judge or jury, if convicted on the felony charge, and an additional 12 months and/or $2,500 fine on the misdemeanor charge. His next court date is June 5.

 

Kelsey Ewell

Ewell, according to court filings, allegedly sold marijuana to the same undercover officer on three separate occasions on Nov. 20, Nov. 27 and Jan. 7. She faces two felony counts and two misdemeanor counts of possession with intent to distribute. Police say they found more than 20 ounces at the store; court filings state that the stash included pre-rolled marijuana cigarettes and edibles “in display cases for customers to see.”

Samples of the material seized from Discount Vape and Tobacco were field tested and also sent to a state lab for analysis, and both were confirmed to be marijuana, according to court filings.

Ewell was on probation at the time of her arrest. Court records show she’d pleaded guilty in 2020 in Suffolk Circuit Court to a felony forgery charge and was given a suspended five-year prison sentence conditioned on her completing five years of probation.

She’d also previously pleaded guilty in 2021 in Isle of Wight Circuit Court to a felony charge of obtaining money by false pretense and was given a now-completed one-year probation in lieu of three years’ confinement.

She faces up to 20 years in prison on the two felony charges and up to a year in jail per misdemeanor charge if convicted. Her next court appearance is scheduled for June 5.

 

Aiman Alghazali

Court records on Alghazali were also unavailable as of March 21. Alghazali, a clerk at the Cypress Run Plaza Tobacco & Vape store, faces two felony counts and two misdemeanor counts of possession with intent to distribute. He also faces up to 20 years on the two felonies and up to a year in jail per misdemeanor if convicted.

 

How the investigation began

Police say the four-month undercover investigation, which was conducted in partnership with the Virginia Department of Motor Vehicles’ law enforcement division, town staff, the Isle of Wight County Sheriff’s Office, the Virginia State Police Drug Task Force and the Isle of Wight County Commonwealth’s Attorney’s Office, began when SPD received a tip alleging the four stores were selling their products to underage customers. Virginia law sets 21 as the minimum age to purchase vape pens, a type of electronic cigarette that heats a liquid to deliver nicotine or other drugs and chemicals in aerosolized form.

Police said all of the original charges, as well as the new ones levied against the four additional suspects, relate to marijuana, and not sales to underage customers. The seized marijuana from all four stores has a street value of $39,465, according to police.